Legal News

Adducing evidence of foreign law (Joint Stock Company ‘Aeroflot’ Russian Airlines v Wood)

Published on: 14 February 2017
Published by: LexisPSL
  • Adducing evidence of foreign law (Joint Stock Company ‘Aeroflot’ Russian Airlines v Wood)
  • Original news
  • What are the practical implications of this case ?
  • What was this case about?
  • What was the decision in this application?
  • Application of CEA 1972, s 4
  • Where the decision is part of the ratio decidendi
  • Where the decision is not part of the ratio decidendi
  • Routes to adducing evidence of foreign law
  • Case details

Article summary

Dispute Resolution analysis: Warren J construes the provisions in sections 4(2) and 4(5) of the Civil Evidence Act 1972 (CEA 1972) which apply when determining whether English court decisions/findings on foreign law are admissible as evidence of foreign law. He held that an obiter finding on a point of foreign law was in principle admissible in subsequent proceedings if the cogency of reasoning rendered it persuasive authority. or take a trial to read the full analysis.

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